If a lawyer promises a creditor to pay a client's debt out of settlement proceeds, must the lawyer honor that promise?
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This page answers the general question as of 1992. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.
Plain-English summary
A lawyer represented a mother and daughter in a personal injury matter. At the request of both, the lawyer wrote a letter to a creditor promising to pay the daughter's debt out of the proceeds of a settlement to be obtained on behalf of the mother. After receiving the letter, the creditor demanded payment, and when the debt was not paid, obtained a judgment against the daughter.
The committee was of the opinion that, on the facts presented, the lawyer was ethically obligated to pay the creditor's debt from the mother's settlement. It based that conclusion on RPC 4.3 and 4.4, as well as Formal Opinion 185.
Currency note
This opinion was issued in 1992, before the Washington State Bar Association's adoption of the 2006 revisions to the Rules of Professional Conduct. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.
Common questions
Q: Was the lawyer required to pay the creditor from the settlement?
A: Yes. The committee was of the opinion that, given the written promise, the lawyer was ethically obligated to pay the creditor's debt from the mother's settlement.
Q: What did the committee rely on?
A: The committee based its opinion on RPC 4.3 and 4.4 and on Formal Opinion 185.
Background and rules framework
The opinion applied RPC 4.3 (dealing with unrepresented persons) and RPC 4.4 (respect for the rights of third persons), corresponding to ABA Model Rules 4.3 and 4.4, along with WSBA Formal Opinion 185. The committee treated the lawyer's written letter to the creditor as creating an ethical obligation to honor the promised payment from the client's settlement proceeds.
Citations and references
Rules of Professional Conduct:
- ABA Model Rule 4.3 (dealing with unrepresented persons); Washington RPC 4.3
- ABA Model Rule 4.4 (respect for the rights of third persons); Washington RPC 4.4
Other opinions cited:
- WSBA Formal Opinion 185.
See also
- WA Ethics Op. 1379: Guaranteeing Costs the Client Refused to Pay
- CA Op. 2009-177: Charging Lien, Joint Settlement Check
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=552
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Advisory Opinion: 1472
Year Issued: 1992
RPC(s): RPC 4.3; 4.4; Formal Opinion 185
Subject: Guarantee of payment on client's behalf from another client's recovery
The Committee reviewed your inquiry concerning payment of a debt owed by a client to a creditor. The Committee understood the facts to be that you represented a mother and daughter in a personal injury matter. At the request of both mother and daughter, you wrote a letter to a creditor promising to pay the debt of the daughter out of proceeds of a settlement to be obtained on behalf of the mother. After receipt of the letter, the creditor demanded payment and, when the debt was not paid, obtained a judgment against the daughter.
The Committee is of the opinion that, based upon the facts presented by your inquiry, you are ethically obligated to pay from the mother's settlement the creditor's debt. The Committee based this opinion on RPC 4.3 and 4.4 as well as Formal Opinion 185.
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